Managing Regulatory Compliance Risks in M&A

Charles Webb, Lead Antitrust Counsel at FedEx (NYSE: FDX)

When it comes to mergers and acquisitions, everyone loves to talk about synergies, growth, and market share. However, these enticing prospects can quickly dim if regulatory compliance risks are overlooked. While not the most glamorous aspect of M&A, compliance forms the bedrock that ensures deals are legally sound and smoothly executed.

In this episode of the M&A Science Podcast, Charles Webb, Lead Antitrust Counsel at FedEx, discusses how to manage regulatory compliance risks in M&A.

Things you will learn:

• Different types of regulatory compliance risks in M&A

• Applicability of antitrust framework to companies

• The evolution of antitrust laws

• The importance of avoiding Gun Jumping

• Increased aggressiveness of antitrust regulators

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Episode Timestamps

00:00 Intro

06:40 Different types of regulatory compliance risks in M&A

14:41 Applicability of antitrust framework to companies

20:47 Impact of HSR filing on the deal timeline

22:43 What does the HSR form look like?

24:56 How to land the narrative in a merger

28:25 The Origins of the Sherman Act

29:47 The Magna Carta of Free Enterprise

30:03 Fast forward 1914

30:36 Amendments and the Hart-Scott-Rodino Act

31:33 The evolution of antitrust laws

33:47 Risks during the waiting period

39:33 The importance of avoiding Gun Jumping

42:22 Best practices for internal communication during a deal

44:01 Understanding deal review risk in advance

46:11 What happens if a deal is rejected?

50:11 Increased aggressiveness of antitrust regulators

51:41 Real consequences for gun jumping

53:05 Balancing integration planning with gun jumping risks

57:43 The key to preparing for regulatory compliance

58:52 Craziest Thing in M&A